TLDR: As federal officials seek public input regarding the response to countries that have enacted digital services taxes (DSTs) on U.S. Internet companies, the startup community remains concerned that they will be affected by the levies in the form of increased costs for the services and products they rely upon. While the Biden administration and global officials work to reach a uniform digital tax framework, it’s critical that countries—and even U.S. states—refrain from imposing their own digital services taxes that could harm startup formation and success.
As Policymakers Turn the Heat up on Tech Policy, Startups Need a Seat at the Table
In a new Medium post, Engine announced the launch of our Startup Agenda 2021, which outlines the policy priorities of the U.S. startup community. The Startup Agenda 2021 covers a range of policy issues that include capital access, connectivity, intellectual property, privacy, and more. As we explain in our post below, there are startups in every state and congressional district across the country, and their perspective is especially critical if policymakers hope to craft rules and regulations that boost innovation and competition.
Digital Services Taxes Will Harm Startups Across the World
TLDR: As intergovernmental organizations and countries continue to discuss implementing their own digital services tax (DST) frameworks on multinational Internet companies, France has notified large online platforms that they must begin paying the country’s levy this month while Canada recently announced plans to impose its own DST. Although most DSTs under consideration—as well as those that have already been implemented—target large, mostly U.S.-based tech companies, the startup community remains concerned that the burden of the taxes will be passed on to smaller companies and users in the form of increased costs for products and services.
Digital Services Taxes Will Increase Costs for Startups and Users
As the COVID-19 pandemic continues to cripple economic growth across the globe, the United States Trade Representative (USTR) and policymakers need to be prepared for trading partners seeking to recoup lost revenues through new international taxation measures. Specifically, more nations are considering implementing or have implemented digital services tax (DST) frameworks that would largely discriminatorily target U.S. tech companies to help cover budgetary shortfalls.
Startups Need Balanced Copyright Provisions in the U.S.-U.K. Trade Agreement
As negotiations continue on a trade deal between the United States and the United Kingdom, it is crucial that policymakers push for balanced and commonsense intellectual property frameworks around the world so that startups can grow globally. This July, the U.S. and the U.K. entered the third round of negotiations on an expected trade agreement, following the U.K.’s withdrawal from the European Union earlier this year. While a number of topics are on the table, including critical digital trade provisions, the intellectual property provisions will prove essential to U.S. startups.
Engine Applauds Signing of USMCA
The United States-Mexico-Canada Trade Agreement (USMCA) signed by President Donald Trump this morning is a welcome step for startups looking to innovate and grow on a global scale. USMCA has been hailed as a template for future trade agreements between the U.S. and other countries, and we’re pleased that the deal includes startup-friendly provisions that defend IP rights and promote intermediary liability protections.
Startups Won’t Be Immune From France’s Digital Services Tax
Engine submitted comments this week to the United States Trade Representative addressing the potential U.S. response to France’s enactment of a Digital Services Tax. The retroactive three percent tax would be levied on certain large firms providing online intermediation services and digital advertising sales with a revenue of 750 million euros globally and 25 million euros in France.
Trade agreements give startups certainty
When the United States negotiates trade agreements, it has the chance to give startups a similar legal framework abroad that they rely on domestically. This is critically important for smaller companies looking to effectively compete in an increasingly global ecosystem. While Congress still has the ability to update that digital legal framework as it sees fit, the inclusion of digital trade protections in trade agreements gives startups the certainty they need to compete globally.
Don’t expand the USMCA grievance list
Section 230 of the Communications Decency Act has been privy to the ire of politicians at both ends of the political spectrum in recent weeks. That misplaced bipartisan disdain isn’t limited to the 1996 law, however. As the USMCA approaches formal consideration in Congress, attacks on the agreement’s Article 19.17, which mirrors the language of Section 230, have ramped up as well.
In a Ways and Means Committee hearing on trade policy earlier this month, Rep. Linda Sánchez (D-Calif.) showed clear animus towards the article in a terse exchange with U.S. Trade Representative Robert Lighthizer. Running over her time, the congresswoman asked why the U.S. intermediary liability rules were included in the agreement, saying she had “significant concerns regarding the USTR’s stance on CDA 230.” Ambassador Lighthizer defended the CDA 230-like language, saying “it’s U.S. law” and that the digital trade chapter is “a way for small internet companies to grow and use their advantages.”
The Ambassador is right. Article 19.17—and the digital trade chapter of the USMCA—will lead to greater innovation domestically and among our trading partners. As Santa Clara Law School professor and leading Section 230 scholar Eric Goldman points out in a letter signed by Engine, Article 19.17 is critical to this end because it lowers barriers, strengthens markets, and advances liberty.
Immunity for content generated by third parties on their platforms allows startups can get off the ground without exposure to potentially crippling lawsuits. It facilitates consumer trust by enabling third-party reviews, a hallmark of Internet commerce that would not exist without such protections. Finally, Article 19.17 expands free speech opportunities through increased access to platforms.
Unfortunately, Rep. Sánchez isn't alone in her criticism of the liability rules. Her Republican colleagues, Reps. Paul Gosar (Ariz.) and Matt Gaetz (Fla.), also oppose Article 19.17, attacking the U.S. liability rules that have fostered the internet we know today.
The House Democrats’ nine-member working group is focused on reconciling their issues with the USMCA in four areas: drug pricing, enforcement, labor, and the environment. While it appears unlikely that agreement will come to a vote with just 12 work days left before Congress enters its six-week recess, that list of issues need not be expanded. Going forward, the USMCA doesn't need another roadblock. Especially not one that needlessly picks apart the novel and innovation-advancing digital trade chapter.
Engine Supports Token Taxonomy Act
Engine Supports the HALOS Act
Primer: Online Sales Tax
Primer: Trade
Modernized Trade Deals Need Pro-Startup Policies
Engine Welcomes Reintroduction of Stock Options Legislation
Engine Welcomes House Passage of Stock Options Legislation
Today, the U.S. House of Representatives passed the Empowering Employees through Stock Ownership Act (H.R.5719), which will encourage startup growth by making it easier for employees at private companies to exercise their stock options. The following statement can be attributed to Engine Executive Director Evan Engstrom:
Let’s Make It Easier for Startup Employees to Exercise Their Options
Equity compensation, often in the form of stock options, is a critical tool used by startups to attract, retain, and incentivize quality employees. But stock options have a downside: current tax law requires that employees pay an immediate tax when they exercise their options, usually long before they can sell those stocks to realize their full economic value. Fortunately, a bill being considered today by the House Ways and Means Committee could remedy this problem.
One Way Stock Options Are Hurting Businesses – And How to Fix It
Among the many challenges entrepreneurs face in launching and scaling a startup, recruiting talented employees is one of the most difficult. There’s already a shortage of tech workers in this country (there are currently more than 600,000 open computing jobs nationwide, and last year, only 43,000 students graduated with computer science degrees), and it’s even more dire for startups that must compete with some of the most successful companies in the world to recruit these employees.